//
archives

wakf

This tag is associated with 2 posts

Apex court uphold the judgement of high court as correct. Wakf Board entitled for the property as the orginal owner gifted the property to her husband and the Husband created Wakf. Hence the question of the property acquired out of prostitution by the orginal owner who gifted does not arise, as the wakf was created by Donor not by Donee=No property acquired out of the income of prostitution can be created valid Wakf=once the property changed hands, even the stigma, if any, did not attach thereafter to the property and therefore the erroneous assumption of law to the contrary by the Courts below vitiated their findings as to the character of the property and the capacity to make it the subject matter of a Wakf.

CASENO.: Appeal (civil) 1505 of 1988 PETITIONER: SHRI HAFAZAT HUSSAIN S/O MUBARAK HUSSAIN Vs. RESPONDENT: ABDUL MAJEED S/O SRI WALI MOHD. DATE OF JUDGMENT: 08/08/2001 BENCH: S. Rajendra Babu & Doraiswamy Raju JUDGMENT: Raju, J. This appeal has been filed against the judgment dated 29.1.1985 of a learned Single Judge of the Allahabad High Court … Continue reading

writ not maintainable in respect of any property under wakf act=The Act itself provides for an alternative remedy by way of a suit before the Wakf Tribunal constituted under Section 83 of the Act for redressal of any grievance against notice issued under Section 54(3) of the Act. When there are several factual disputes staring in this case as indicated above, it is for the petitioners to approach the Tribunal for redressal by way of filing a civil suit by raising all contentions and inviting the Tribunal for decision on all those factual disputes by leading oral and documentary evidence in support of them. I do not find any valid or legal reasons to entertain this writ petition. =3) Section 54(4) of the Act reads as follows: “(4) Nothing contained in sub-section (3) shall prevent any person aggrieved by the order made by the Chief Executive Officer under that sub-section from instituting a suit in a Tribunal to establish that he has right, title or interest in the land, building, space or other property.”

IN THE HIGH COURT OF JUDICATURE OF ANDHRAPRADESH AT HYDERABAD HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU WRIT PETITION No.67 of 2012   DATE: 27.01.2012   Between: Pangaluri Nageswara Rao and 2 others                                              …… Petitioners And The Chief Executive Officer, A.P.State Wakf Board and 2 others …..Respondents HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU WRIT PETITION No.67 of 2012 ORDER : … Continue reading

Blog Stats

  • 2,891,076 hits

ADVOCATE MMMOHAN

archieves

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Join 1,906 other followers
Follow advocatemmmohan on WordPress.com